TNAG-1576-FCO40-2149-Hong-Kong-Jury-Amendment-Ordinance-1986-1986 — Page 13

JURY (AMENDMENT) BILL

A BILL

To

Enclosure No. 4

C45

Amend the Jury Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1.

2.

This Ordinance may be cited as the Jury (Amendment) Ordinance 1986.

Section 3 of the principal Ordinance is amended by deleting "shall, except where otherwise specially provided, consist of 7 persons" and substituting the following-

"shall consist of 7 persons except where the court or the judge before whom any such trial or inquiry is or may be heard, orders that the jury shall consist of 9 persons".

Short title..

Amendment of section 3. (Cap. 3.)

3. Section 24 of the principal Ordinance is repealed and replaced by the Repeal and following--

"Majority verdicts.

24. (1) In the event of any of the jurors, after reasonable consultation, dissenting from the residue the verdict of the jury shall be determined as provided in this section.

(2) In a civil trial the verdict of-

(a) a majority of the jurors who have been sworn; or

(b) if the number of jurors has been reduced in accordance with

section 25, a majority of the remaining jurors,

shall be taken to be the verdict of the jury.

(3) Subject to subsection (4), in a criminal trial----

(a) where a jury of 7 persons has been sworn--

(i) the verdict of a majority consisting of not less than 5 of them shall, subject to sub-paragraphs (ii) and (iii), be taken to be the verdict of the jury;

(ii) if the number of jurors has been reduced to 6 in accordance with section 25, the verdict of a majority con- sisting of not less than 5 of them shall be taken to be the verdict of the jury;

(iii) if the number of jurors has been reduced to 5 in. accordance with section 25, the jury must be unanimous in their verdict; and

(b) where a jury of 9 persons has been sworn-

(i) the verdict of a majority consisting of not less than 7 of them shall, subject to sub-paragraphs (ii), (iii) and (iv), be taken to be the verdict of the jury;

(ii) if the number of jurors has been reduced to 8 in accordance with section 25, the verdict of a majority con- sisting of not less than 6 of them shall be taken to be the verdict of the jury;

(iii) if the number of jurors has been reduced to 6 or 7 in accordance with section 25, the verdict of a majority con- sisting of not less than 5 of them shall be taken to be the verdict of the jury; and

(iv) if the number of jurors has been reduced to 5 in accordance with section 25, the jury must be unanimous in their verdict.

replacement of section 24.